HomeMy WebLinkAbout00 - Review of Proposed Budget - CorrespondenceReceived After Agenda Printed
May 22, 2018
Joint Meeting - Budget
Nelson, Jennifer
From: Ruth Kobayashi <ruthkobayashi@cox.net>
Sent: Tuesday, May 22, 2018 12:19 PM
To: Dept - City Council
Cc: Lewis, Jon
Subject: School Safety -Comprehensive Plan by Arizona Governor
Attachments: safearizonaschoolsforweb.pdf
Dear City Council Members,
Today I look forward to addressing the City Council Study Session during public comment on agenda items, to discuss the importance
of the SRO program at our high schools. While I'm only a lay person and parent of students, in my reading on the topic, the attached
struck me as the most thoughtful and detailed of anything I've seen thus far. It is a very comprehensive plan prepared by the
Governor of Arizona. Respectfully, I'm sharing it here, as an encouragement to you. I've also shared it with the executives at the
Newport Mesa Unified School District and will also share it with the CdMHS and CdMMS Principals, Ms. Kathy Scott, and Dr.
Becky Gogel.
The parties to the solutions that are included in the Governor's plan include:
-Students
-Parents
-Teachers
-School Administrators
-State Attorney General
-Behavior and Mental Health Professionals
-Law Enforcement Officers
-County Prosecutors
-Legislators (both parties)
-State Superintendent of Public Instruction
I would also argue that faith leaders in the community also play a vital role.
Thank you for your consideration and I look forward to seeing you this afternoon at the City Council Study Session
Sincerely,
Ruth
Digital Enthusiast
Sent from my Wad
0
An Action Plan to Enhance the Safety of
Arizona Schools and Communities
In the first two months of 2018,14 school shootings occurred in the United
States I from elementary schools to college campuses.
The most deadly took place on February 14, 2018 in Parkland, Florida, when a
gunman killed 17 students and faculty and injured 14 others.
The incident is fresh in the minds of Arizona parents each day as they drop
their children off at school.
We must take swift and decisive action to increase the safety of our schools and
our communities. From enhancing background checks, implementing safety
protocols and law enforcement at schools, and ensuring those who are a danger
to themselves and others are evaluated and prohibited from possessing firearms.
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Arizona Solutions
Learning From History
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Severe Threat Order of Protection
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Safe Schools
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Safe Communities
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In the days following the February 14, 2018 shooting in Parkland, Florida, the nation's urgency to take action and
protect our schools and communities intensified.
Governor Ducey heard from Arizonans across the state, urging action and asking for an
Arizona based solutions. The governor convened stakeholder meetings with:
opportunity to propose
� Students Behavioral and Mental Health Professionals
� Parents Law Enforcement Officers
� Teachers County Prosecutors
� School Administrators Democrat and Republican Legislators
� Arizona Attorney General Arizona Superintendent of Public Instruction
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As Arizonans shared their priorities during the stakeholder process,
common themes were identified, including an urgency for:
� Increased mental and behavioral health resources at schools
� Restricting access to firearms for individuals who pose a severe
threat to themselves or others, while respecting the second
amendment rights of law-abiding Arizonans
� Increased school resource officer and law enforcement presence
at schools
mo Enhanced background checks
Our proposal includes initiatives that are responsive to the priorities of
Arizonans.
=� Invests in mental and behavioral health resources at schools
� Severe Threat Order of Protection (STOP) to restrict firearm
access for individuals who are a danger to themselves or others
� Enhances background checks by improving the completeness and
accuracy of the criminal history database
� Establishes the Center for School Safety, creating a confidential,
centralized reporting tip line to report and investigate concerns of
school safety
� Increases school resource officer funding and training and
increases the presence of law enforcement on school grounds
� Eliminates background check gaps
� Respects the second amendment rights of law-abiding Arizonans
n
*JW Deadliest School Shootings in the Last 20 Years
As we look to shape the future and improve the safety of Arizona schools and communities, we must reflect and learn from the
tragic events in our nation's history. The following review of the five deadliest school shootings in the last 20 years in the United
States, includes a look at whether our proposal could help prevent or mitigate a similar event in our state.
Flncident�-
Virginia Tech
Blacksburg, Virginia
April 16, 2007
Deaths: 32
10 M19
A 23 -year-old student, killed 33 students and
faculty members and injured 23 others in two
separate attacks before committing suicide.
Sandy Hook Elementary School
Newtown, Connecticut
December 14, 2012
Deaths: 27
Marjory Stoneman Douglas
High School
Parkland, Florida
February 14, 2018
Deaths: 17
Columbine High School
Littleton, Colorado
April 20, 1999
Deaths: 13
Umpqua Community College
Roseburg, Oregon
October 1, 2015
Deaths: 9
A 20 -year-old shooter killed his mother at
their shared home before taking her guns
and driving to the school and murdering 20
first -grade children and six adults, including
four teachers, the principal, and the school
psychologist. He then killed himself as police
arrived at the school.
A 19 -year-old former student of the school
killed 17 students and faculty members and
injures 4 others. He is currently being held in
custody after being indicted by a grand jury
indicted on 17 murder and 17 attempted
murder charges.
Two students, an 18 -year-old and a 17 -year-
old opened fire at their high school, killing 12
of their fellow students and one teacher. The
two committed suicide in the school library.
A 26 -year-old man killed 9 people and
injured 9 others. After a shootout with local
authorities, the gunman walked into a
classroom and committed suicide.
J
The shooter had previously been diagnosed
with a severe anxiety disorder. After an
investigation into allegations he was stalking
two female students, a Virginia special justice
declared him mentally ill and ordered him to
attend treatment; however, because he was
not institutionalized, he was still allowed to
purchase firearms.
J
In a report issued by the Connecticut Office
of the Child identified the shooter was on a
"path to violence for some time". School
administrators identified troubling signs at an
early age. While his mother may have
indicated worry to friends, she never reported
the concerns to law enforcement.
J
Police were called to the shooter's home 39
different times during a 7 year period. He was
reported to the FBI for comments he made
online. He also made threats to attack the
school in 2016, and was caught with a gun -
related object in his backpack.
J
One of the shooters made detailed threats to
beat up and blow up a fellow student. The
local sheriff was called to his home, where
they discovered a pipe bomb. The
information was relayed to school
administrators, but the matter was not looked
into further.
J
The shooter had been voluntarily hospitalized
for mental health reasons. His mother spoke
of his anger and mood swings.
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Event took place on a school campus. Our
plan includes increased law enforcement,
mental and behavioral health resources.
J
Event took place on a school campus. Our
plan includes increased law enforcement,
mental and behavioral health resources.
J
Event took place on a school campus. Our
plan includes increased law enforcement,
mental and behavioral health resources.
J
Prior to the incident, a judge declared
the shooter a danger due to mental
illness, but the information was never
entered into the federal background
check database.
Deadliest School Shootings in the Last 20 Years
LESSONS LEARNED,
In 5 out of 5 of the most deadly
school shootings, the killers displayed
warning signs of being a potential
threat to themselves or others.
This stunning fact illustrates the need
for a legal tool to keep firearms out of
the hands of dangerous individuals.
The shooting at Marjory Stoneman
Douglas High School exposed a
number of vulnerabilities in the
school's safety measures.
Schools have a need for increased
emergency preparedness training.
Most states lack a confidential,
centralized reporting system to report
potential school safety threats.
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The Virginia Tech shooting exposed
significant flaws in the background
check process. A judge declared the
shooter a danger due to mental illness
prior to the incident, but because of
gaps in reporting, the information was
never entered into the National Instant
Criminal Background Check System
(NICs).
While the information reported to
NICS has since expanded to include
mental illness in many states (including
Arizona), there are often delays in
reporting incidents in the database,
resulting in background checks based
on outdated information.
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We've all
heard the
phrase, "See something, say something,"
but for too long the ability to do something and keep a person from
having a
firearm if
they are a severe threat to themselves or
others has been critically limited.
A key component of our plan is the implementation of a Severe Threat Order of Protection (STOP) order. A STOP order will
allow law enforcement or other specific individuals to seek an order prohibiting ability to purchase or access a gun if the person
poses a significant threat to themselves or others.
2071 Tucson
Shooting:
A Severe
Threat,
Severely
Overlooked
On January 8, 2011, a gunman approached a "Congress on Your Corner" event in Tucson, Arizona led by
Congresswoman Gabby Glffords. The event was well -attended, with 20-30 people at a grocery store parking
lot where the meeting took place. The gunman approached Giffords, shooting her with a pistol before
opening fire on the crowd. Six people were killed and 13 others were wounded.
Prior to that horrific incident, the gunman was dismissed from Pima Community College pending a mental
health evaluation — something he never completed. His parents had taken away his shotgun and would take
his keys at night, fearing that he was a danger to himself and others.
CURRENT LAW
Individuals who either suffer from mental illness or appear to be
a danger to themselves or others are not necessarily prohibited
from purchasing or accessing a firearm. The individual's ability
to purchase a weapon is only removed if the person is
Inpoluntarijcommitted for mental treatment.
Currently, there is no provision in state law that would allow
someone to seek an order prohibiting the purchase or possession
of guns for fear that someone is a general danger to themselves
or others.
OUR PLAN: PROTECTING AGAINST
A SEVERE THREAT
Our plan would allow law enforcement, family members, school
administrators, teachers, resident advisors and behavioral and mental
health professionals to petition the court for a STOP order, which
prohibit an individual who is a danger to themselves or others from
purchasing a weapon.
Our plan protects a person's rights under the second amendment by
ensuring due process prior to an order going into effect. The plan also
includes measures to ensure a person under a STOP order does not
have access to a firearm.
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HOW IT WORKS
The process for obtaining a STOP order includes a series of due process protections for the subject of petition. The petition is only granted upon
an order from the superior court or by the juvenile court if the subject of the petition is younger than 18 years old. There are three different types
of STOP orders a judge may impose.
EMERGENCY
STOP ORDER
Who Can File A Request for an Order?
Law enforcement only.
What is the evidentiary standard?
Probable Cause: Information to justify the
belief that the person is a danger to self or
others.
If the court determines the evidence exists, it
will order a screening for mental illness,
behavioral health issues and drug use.
After the evaluation a judge will determine
based on the results of the evaluation
whether the subject should be ordered to
undergo treatment and a STOP order shall be
granted.
How long is the order valid for?
14 days, unless extended
SURRENDERING WEAPONS
EX -PARTE
STOP ORDER
Who Can File A Request for an Order?
Guardian, immediate family member, law
enforcement, school administrator, teacher,
resident advisor, social worker or a behavioral
and mental health professional.
What is the evidentiary standard?
Clear and Convincing Evidence: Proof that
exhibits substanfialjmore than a 50% likelihood
of a severe threat.
If the court determines the evidence exists, the
subject of the order will be taken to court for an
opportunity to dispute the findings of the ex -
parte hearing. If the order is upheld, the person
will be required to submit to an evaluation for
mental or behavioral health or drug use. Once
the order is in place, the person will be
prohibited from purchasing or possessing
firearms for up to 21 days.
How long is the order valid for?
21 days, unless extended.
STOP ORDER
EXTENSION
Who Can Request an Extension?
Guardian, immediate family member, law
enforcement, school administrator, teacher,
resident advisor, social worker or a behavioral
and mental health professional.
What is the evidentiary standard?
Clear and Convincing Evidence: Proof that
exhibits substanfialjmore than a 50%
likelihood of a severe threat.
A hearing may be requested by the subject of
the order through a written request.
Request to Quash Order
In addition to the initial due process hearing,
a subject of a STOP order may request one
hearing at any point during the duration of
the order to request that it be quashed.
How long is the order valid for?
Up to 6 months beyond the initial STOP
order end date, based on evidence provided
in support of the extension.
The subject of a STOP order must surrender their weapons within 24 hours of the issuance of the order, or law enforcement has the authority to
confiscate the weapons. Any household member or guardian in the case of a minor, must submit an affidavit that the subject of the STOP order will
not have access to firearms. Violators are subject to a Class 4 Felony, and would face a minimum of one year or up to 3.75 years in prison. STOP
orders will be reported to law enforcement and the department of public safety for addition into the National Instant Criminal Background Check
System (MICS) which is the system that is queried when a person attempts to purchase a firearm
ACCOUNTABILITY - FALSE PETITIONS
An individual who makes a false sworn statement for purposes of obtaining a STOP order is subject to a Class 5 Felony, and faces a minimum of six
months or up to 2.5 years in prison.
rIs91
A NEED FOR INCREASED MENTAL HEALTH AND LAW ENFORCEMENT
PRESENCE
On February 14, 2018, a former student of Marjory Stoneman Douglas High School in Parkland, Florida,
opened fire on the campus and killed 17 people. During the shooting, the school safety officer never went
inside the building to confront or stop the gunman.
In this tragic event, the FBI admitted to not following protocol and failing to act on tips from their Public
Access Line indicating that the gunman was a potential threat. The gunman also reportedly had dozens of
run-ins with law enforcement dating back to 2010 and was expelled from Marjory Stoneman in 2017 for
disciplinary issues.
CONFIDENTIAL, CENTRALIZED REPORTING
It is clear from this shooting in Florida that a uniformed and cohesive reporting process is needed to report
threats to schools. We want to be sure that when people "see something" and "say something" that these tips
do not slip through the cracks. That is why our plan calls on the Department of Public Safety (DPS) to
create the Center for School Safety at the Arizona Counter -Terrorism Information Center (ACTIC) to serve
as the central tip line for reporting school safety concerns. The plan will recommend the tip line be included
on all student's school identification cards. ACTIC will then share information they receive with schools.
ENFORCEMENT PRESENCE ON CAMPUSES
To ensure resource officers have proper training, our plan would provide training resources and improved
access to funding.
A voluntary program would be created allowing local law enforcement to complete administrative tasks such
as paperwork on a school campus or in their vehicle outside of the campus. This would include law
enforcement that do not work at the school to help increase deterrents to school violence and potentially
decrease response time. In addition, the plan would create an optional reserve system of former law
enforcement officers that would be trained and certified to carry firearms on campus.
There would also be a new investment in law enforcement training for active shooter situations at a school.
SCHOOL EMERGENCY PREPAREDNESS
DPS will work with school districts and local law enforcement to develop School Safety Standards that would
establish best practices on how to make campus facilities more secure and how to effectively work with law
enforcement in the event of an active shooter.
The plan also calls for additional lockdown training at schools and creates clear procedures that differentiate
between active shooter drills versus fire drills.
MENTAL AND BEHAVIORAL HEALTH SUPPORT
Being able to identify and knowing how to respond to signs of mental illness is critical in the effort to
prevent school shootings. This plan provides Mental Health First Aid Training for teachers and
administrators to give them the tools they need to identify, understand and respond to signs of mental illness
that may cause concern.
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MAJOR INVESTMENT IN BEHAVIORAL AND MENTAL HEALTH
RESOURCES
A student's mental and behavioral well-being is paramount to their success. Behavioral and mental health
counselors are vital resources for children as they navigate school life.
Behavioral and mental health also play an important role in prevention and early intervention of behavioral
and mental health issues. Early intervention measures can help address challenges before they escalate into
dangerous circumstances.
Early intervention and behavioral health services are covered by AHCCCS and KidsCare for families at or
below 200% of the federal poverty level ($50,200 for a family of 4). To increase behavioral and mental health
resources on campuses across the state, this plan provides $2 million appropriation, along with an estimated
additional $6 million match in federal funding.
CHILDREN AND TEEN MENTAL HEALTH FACTS
Source: National Alliance on Mental Illness via the National Institute of Mental Health
20% of youth
ages 13-18
live with a mental
health condition
i
11% of youth
ages 13-18 have a
mood disorder
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10% of youth ages
13-18 have a behavior
or conduct disorder
8% of youth ages
13-18 have an anxiety
disorder
SAFE
MM NITIES
To keep our
communities safe, we
need to give
community members
more tools with
which to identify
potentially violent
and dangerous
individuals.
CRIMINAL HISTORY DATABASE GAPS
In the fifth -deadliest mass shooting in American history, a 26 -year old man killed 26 people and wounded 20
others when he opened fire during a church service in Sutherland, Texas.
Prior to the shooting, the gunman was court-martialed while serving in the Air Force for assaulting his wife
and stepson. Yet, his history of domestic violence never made it into the federal background check database,
allowing him to purchase four firearms including the semi-automatic rifle used in the shooting.
MEANINGFUL BACKGROUND CHECKS
Background checks are only as effective as the completeness and accuracy of
the records used to populate the background check database.
Arizona law enforcement agencies are required to submit case information to
the Department of Public Safety's Computerized Criminal History system,
which populates the background check system. Types of arrests required to be
reported include felonies, driving under the influence, and sexual and
domestic violence. Consistent with a statewide commitment to public safety,
many agencies across Arizona exceed the statutory mandate and submit case
information for all felony and misdemeanor arrests.
INCOMPLETE CRIMINAL HISTORY DATABASE
Arizona's Computerized Criminal History Database is just 63.6% complete,
based on a review by the Arizona Criminal Justice Commission of 2015
criminal history records due in large part to antiquated paper filing systems.
In a 2012 study conducted by the United States Government Accountability
Office, 30 states reported that the completeness of their criminal records was
less than 75%.
OUR PLAN
Our plan allocates funds to update the Arizona Computerized Criminal
History database, to establish online portals for all Arizona counties to
facilitate electronic submission of criminal history information. Once the
portal is deployed in a county, and after a 30 day implementation period, the
county authorities will be required to submit criminal history entries within 24
hours one of the most aggressive standards in the nation.
This will greatly enhance the completeness and accuracy of Arizona's criminal
database and strengthen the reliability of background checks keeping
individuals with a history of violence, like the Sutherland shooter, from
obtaining firearms.
11
M M
Current requirement for
law enforcement
agencies to enter a
record in the criminal
history database
0
The requirement
following the
deployment of an
improved criminal
history database
program
CHILD FIREARM ACCESS PREVENTION AND ACCOUNTABILITY
Responsible gun ownership must include preventing access to minors. Our plan increases the penalty for any parent or guardian of a
minor found guilty of illegally possessing a firearm. Violators are subject to a Class 4 Felony, and would face a minimum of one year or
up to 3.75 years in prison.
CONCEALED CARRY WEAPON IMPROVEMENTS
Current Law
Federal law allows individuals to use a valid concealed carry weapon (CCS permit in lieu of a national background check when purchasing
of a gun. CCW permits expire after five years and can be suspended or revoked by DPS. However, current licensed gun dealers have no
means of determining the validity of CCW permits, meaning an individual with a revoked or suspended CCW permit can still purchase a
firearm from a licensed dealer by showing a physical permit that cannot be verified by dealers.
Solution
The current CCW database exists on an outdated system with minimal capabilities. Our plan allocates funds to move the current database
into the 21 st century by implementing a web -based CCW permit system.
Licensed gun dealers can access the web -based database to verify CCW permits. An individual with an invalid CCW permit would need to
complete a federal background check before being able to purchase a gun.
DENYING CCW PERMITS FOR INDIVIDUALS WITH OUTSTANDING ARREST WARRANTS
Current Law
Federal law prohibits a "fugitive from justice" from possessing a firearm. Under this law, Arizona has long denied concealed carry weapon
(CCW) permits and firearm transfers to Arizonans who are the subject of an outstanding warrant.
In February 2017, the federal government changed "fugitive from justice" to include only those individuals who are actively evading law
enforcement, halting Arizona's long-standing practice of denying CCW permits and firearm transfers to Arizonans with an outstanding
warrant for their arrest.
Solution
Our plan amends Arizona state statute to allow for the continued practice of denying CCW permits and firearms transfers to Arizonans
who are the subject of an outstanding warrant.
INCREASED ACCOUNTABILITY FOR RESTORATION OF GUN RIGHTS
Current Law
In Arizona, an individual can petition to have a felony conviction "set aside" from their personal record. When a felony conviction is "set
aside" by a judge, current law automatically restores that individual's civil rights, such as the right to vote, and gun rights.
Solution
Our plan requires judges to scrutinize requests for "set asides" and to only restore gun rights if the individual meets the criteria for doing so
and clarifies the limitations on such orders. Those with dangerous offenses cannot have their gun rights restored.
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OFFICE OF THE GOVERNOR
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